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Terms and Conditions (“Terms”)

Our Terms and Conditions were last updated on 17/6/22.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to LunaCare.
“Country” refers to Australia.
“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
“Service” refers to the Website.
“Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Terms and Conditions Generator.
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website” refers to LunaCare, accessible from www.lunacare.com.au
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email admin@lunacare.com.au and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Procedure for Copyright Infringement Claims

You may submit a notification by providing our Copyright Agent with the following information in writing:

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest.

A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

Your address, telephone number, and email address.

A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact our copyright agent via email admin@lunacare.com.au. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 AUD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: lunacare.com.au/contact-us/
By sending us an email: admin@lunacare.com.au

 

Privacy Policy

LunaCare is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website www.lunacare.com.au and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information.

However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

LunaCare will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

60/45-51 Huntley Street, Alexandria 2015
admin@lunacare.com.au
02 9557 6000

 

Supplier Code of Conduct

INTRODUCTION

This Supplier Code of Conduct (‘Code’) sets out the minimum standards of behaviour that LunaCare expects its suppliers to meet in the areas of labour and human rights, health and safety, environment, business integrity, cyber security and privacy, and supplier diversity.

Suppliers must read, understand, and ensure that their business and supply chain meet these standards. Suppliers must communicate this Code to related entities, their own suppliers and subcontractors who support them in supplying to LunaCare, so that they are aware of, understand and comply with this Code.

Suppliers’ ability to meet or exceed standards detailed in this Code will be a key consideration when LunaCare makes procurement decisions as we expect all suppliers to adhere to this Code. This will happen regardless of whether the Code has been formally incorporated into a particular contract with the supplier. This Code does not preclude LunaCare from including additional social, environmental, ethical, privacy or cyber security requirements into procurement contracts to address specific risks of an agreement.

In this Code, supplier means any individual or entity (including consultants and channel partners) that supplies goods or services to LunaCare or its related companies (collectively ‘LunaCare’) anywhere in the world. In this Code, workers refer to employees, contractors, agencies, migrants, students, and temporary staff of the supplier and of its related entities.

COMPLY WITH LAWS

Suppliers must comply with the law in the countries where they operate.

LABOUR AND HUMAN RIGHTS

At LunaCare, we respect and support human rights, in line with the UN Guiding Principles on Business and Human Rights. We expect suppliers to respect and support the protection of human rights of workers, as well as individuals and communities affected by their activities.

When suppliers become aware of a labour incident within their company or supply chain which is in breach of this Code, they must disclose it to management.

NON-DISCRIMINATION

Suppliers must not engage in or support discrimination in hiring and employment practices, including on grounds of gender, age, religion, ethnicity, race, cultural background, disability, physical features, marital relationship status, sexual orientation, gender identity and expression, pregnancy or potential pregnancy, family responsibilities, political beliefs, industrial activity, union membership, irrelevant criminal record, nor personal association with a person who possesses or is thought to possess any of these attributes. Suppliers must work towards identifying and removing gender pay gaps that may exist in their workplace.

BULLYING, HARASSMENT AND DISCIPLINARY PRACTICES

Suppliers must not use violence, threats of violence or other forms of physical coercion or harassment. Corporal punishment, mental, physical, or verbal abuse, sexual harassment, or sexual abuse, and harsh or inhumane treatment are prohibited. Suppliers must clearly define and communicate to workers disciplinary policies and procedures in support of these requirements.

FREEDOM OF ASSOCIATION

Suppliers must respect workers’ freedom of association, recognise, and protect their right to collective bargaining and to form, join and administer workers’ organisations.

Suppliers must protect against acts of interference with the establishment, function, or administration of workers’ organisations in accordance with applicable laws. Where the right to freedom of association and collective bargaining is restricted under the law, suppliers must allow workers to freely elect their own representatives.

Suppliers must not discriminate, harass, intimidate, or retaliate against workers for being members of a union or participating in union activities, and provide worker representatives with access to their workplace.

WAGES AND BENEFITS

Suppliers must make conditions of employment clear when hiring by providing employees with written documentation which outlines the basic terms and conditions of employment in a language they can understand.

Suppliers must comply with applicable laws relating to wages and benefits (including minimum wage, overtime pay, and piece rates). Suppliers must not use deductions from wages as a disciplinary measure and must pay workers in a timely manner. For each pay period, workers must be provided with a timely and understandable wage statement that includes sufficient information to verify accurate compensation for work performed. All use of temporary, dispatch and outsourced labour will be within the limits of the local law.

FORCED AND COMPULSORY LABOUR

Suppliers must not use any form of forced, bonded, or compulsory labour, slavery, or human trafficking in any part of their business operations. Suppliers must not require workers to surrender any government-issued identification, passport or work permit or other personal document as a condition of employment. Workers shall not be required to pay employers’ or agents’ recruitment or any other fee for their employment.

CHILD AND UNDERAGE LABOUR

Child labour is strictly prohibited. Suppliers must implement appropriate mechanisms to verify the age of workers. The minimum age for employment or work is the higher of 15 years of age, the minimum age for employment in the relevant country, or the age for completing compulsory education in the relevant country. This Code does not prohibit participation in workplace apprenticeship programs or light work as defined by the ILO. Children under the age of 18 must not be employed for any hazardous work or work that is inconsistent with their individual development, including night shifts and overtime. In the absence of local law, the wage rate for student workers, interns, and apprentices shall be at least the same wage rate as other entry-level workers performing equal or similar tasks. If child labour is identified, you must immediately stop using child labour and ensure there is a remediation plan in place which puts the best interests of the child first and allows the child to access appropriate education until no longer a child.

HEALTH AND SAFETY

Our suppliers play a significant role in our business and our commitment to keep each other, our customers, and communities safe, secure, and well. Suppliers must identify and comply with relevant
workplace and product health and safety laws and ensure their workers understand and follow health
and safety policies, standards, and procedures that apply to their work. Suppliers must provide a safe and healthy workplace for their workers and anyone that could be impacted by their activities. As a minimum, suppliers must:

  • Take reasonable steps to identify workplace hazards and minimise the risk of workplace injury, illness and disease for workers;
  • Provide appropriate equipment, resources, instruction, education, and training for workers to safely carry out their duties, including personal protective equipment;
  • Engage with workers, customers, members of the community, and LunaCare to manage health and safety risks;
  • Implement effective systems to ensure the delivery of products and services meet relevant standards and legislative requirements, and safety considerations are taken into account throughout the product life cycle;
  • Ensure facilities and amenities for workers (including any accommodation provided) are clean, safe, and meet their basic needs. Basic needs include providing ready access to clean toilet facilities, potable water, and where accommodation is provided, hot water for bathing, adequate heating and ventilation, reasonable personal space and reasonable permission to enter and exit facilities;
  • Monitor the health of workers and the conditions at the workplace for the purpose of preventing illness of or injury to workers arising from the suppliers’ business activities; and
  • Support workers to raise health and safety issues or concerns without fear of disciplinary action, dismissal, or discrimination.
  • Suppliers must prepare for, respond to, manage, and report workplace incidents, injuries, and emergencies, providing medical assistance to impacted parties as required.
  • Suppliers must have systems, training, and emergency equipment in place to effectively respond to and manage incidents and emergencies. Emergency drills must be conducted at least annually or as required by local law, whichever is more stringent.

DIVERSITY

LunaCare values diversity and inclusion. Diversity means differences in all forms, both visible and invisible. This includes differences that relate to gender, age, cultural background, disability, religion, and sexual orientation, as well as differences in background and life experience, and interpersonal and problem-solving skills. In line with this, LunaCare prefers suppliers who promote diversity in their supply chain, including:

  • Those who publicly commit to First Nations procurement targets or engage with social enterprises and minority-owned organisations in the delivery of goods and services;
  • Those with strong female gender representation, improved gender equality, active promotion of women and targeted action to address overrepresentation of women in departures, and gender pay equity gaps; and
  • Those that initiate procurement activities aimed at improving the lives of people with disability or who are disadvantaged.

ENVIRONMENTAL CONSIDERATIONS

Suppliers must minimise the adverse environmental impacts of their operations, products, and services.

ENVIRONMENTAL LAWS, PERMITS AND REPORTING

Suppliers must comply with applicable environmental laws, standards, and notices from regulators. Suppliers must obtain, maintain, keep current and comply with necessary environmental permits, approvals, and registrations.

BUSINESS INTEGRITY

At LunaCare, we act with honesty and integrity and don’t make or receive improper payments, benefits, or gains. Suppliers must act ethically and be honest, transparent, and trustworthy in all their dealings with others.

CONFLICTS OF INTEREST

Suppliers must avoid actual, potential, or perceived conflicts of interest with LunaCare employees. If conflicts of interest occur, they must be disclosed ensure appropriate steps are taken to manage the conflict.

BRIBERY AND CORRUPTION

Suppliers must comply with applicable anti-bribery and anti-corruption laws and must have adequate policies and procedures in place to monitor compliance with such laws.

LunaCare strictly prohibits bribes, pay-offs, “facilitation payments” (payments to speed up routine actions), secret, unjustified or inflated commissions, kickbacks and any like payments or improper benefits, whether directly or indirectly, no matter how large or small in value. This includes payments to or from any person (including public officials, foreign officials, foreign political parties, or candidates for foreign political office) for the purpose of assisting a party to obtain or retain business for or with, or to direct business to, any person.

INTELLECTUAL PROPERTY AND FAIR COMPETITION

Suppliers must respect the intellectual property rights of LunaCare and other third parties. Any transfer of technology and knowhow must be handled in a manner that protects intellectual property rights.

Suppliers must conduct their business in full compliance with anti-trust and fair competition laws, and disclose information regarding business activities, structure, financial situation, and performance in accordance with applicable laws. Falsification of records or misrepresentation of conditions or practices is unacceptable.

CYBER SECURITY AND PRIVACY

Cyber Security and Privacy are non-negotiable parts of how we work. We expect our suppliers to work with us to protect LunaCare and our customers’ data and networks. Suppliers must implement industry best practice or technical and organisational security measures that align with LunaCare’s security policies including managing and monitoring their supply chain to protect LunaCare and our customers’ data and networks from breaches and unauthorised access. Where LunaCare requires suppliers to meet specific security requirements, including the use of LunaCare approved solutions or services, these requirements must be met. When suppliers become aware of a data or network breach, they must immediately notify LunaCare.

Suppliers must treat LunaCare’s and our customers’ data as confidential information and only use that data for the purpose of providing services to LunaCare. LunaCare’s Privacy Statements outline our privacy commitment and explain how we collect, use, disclose and protect personal information of individuals we deal with. Suppliers who collect, use, store or have access to personal information
held or provided by LunaCare must have adequate processes and effective technical security controls in place to protect personal information from misuse, interference, loss, and unauthorised access, modification, and disclosure. Suppliers must have adequate processes and controls to monitor compliance with applicable security and privacy laws and contractual obligations, including requirements such as executing a Data Protection Agreement when acting as a data processor under the EU General Data Protection Regulations. Suppliers must not do anything which would cause LunaCare to be perceived as acting inconsistently with our Privacy Statements and the LunaCare Privacy Principles.

EFFECTIVE MANAGEMENT AND GRIEVANCE MECHANISMS

Suppliers shall develop, communicate, implement, and maintain policies consistent with this Code and maintain appropriate management systems and documentation to demonstrate compliance with the Code. Management accountability and responsibility for ensuring implementation of such management systems must be clearly defined.

Suppliers must provide workers, their suppliers, and members of the community in which they operate in or provide services to with a confidential means to report violations of this Code. Suppliers must have procedures in place to allow workers to bring workplace concerns to the attention of management for resolution and communicate these procedures to workers. The procedures, and associated communication, must be accessible, culturally appropriate and in a language workers understand. Workers must be able to openly communicate and share concerns about working conditions and management practices without fear of retaliation.

ENFORCEMENT PROVISIONS

LunaCare may at any time review or audit a supplier’s compliance with this Code. In such an event, the supplier must co-operate by providing information, documents, and access to staff as LunaCare reasonably requires. In addition, where LunaCare has reasonable grounds to suspect a breach of this Code by a supplier, LunaCare may require the supplier to provide additional information and, in serious cases, submit to an immediate audit at the supplier’s cost.

If a supplier becomes aware of a reasonable risk of a breach to this Code, the supplier must notify LunaCare as soon as practicable. Suppliers must conflict of interest relating to LunaCare employees and labour practice incidents. Any identified deficiencies must be corrected on a timely basis as directed by LunaCare.

We take this Code seriously and any material non-compliance may result in the termination of the supplier’s business relationship with LunaCare.

CONTINUOUS IMPROVEMENT

Suppliers are encouraged to go beyond compliance to applicable laws and take responsibility to continually improve social and environmental conditions and ethical behaviour.